Legal Opinion

State v. Levelle

Supreme Court of South Carolina

Decided April 27, 1892No. 2945PublishedCited by 3 opinions

This was a motion to dismiss an appeal. The defendant was convicted of murder in June, 1890, and sentenced to be hanged. From this judgment of the Circuit Court defendant appealed, but on such appeal the judgment of the Circuit Court was affirmed, and the case “remanded to that court for the purpose of having a new day assigned for the execution of the sentence heretofore imposed.”

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This was a motion to dismiss an appeal. The defendant was convicted of murder in June, 1890, and sentenced to be hanged. From this judgment of the Circuit Court defendant appealed, but on such appeal the judgment of the Circuit Court was affirmed, and the case “remanded to that court for the purpose of having a new day assigned for the execution of the sentence heretofore imposed.” See 34 S. 0., 120. The case having been remitted to the Circuit Court, the judge thereof (Witherspoon) named a new day by an order which, in form, was a resentence. Defendant gave notice of appeal on the two…

1Opinion of the Court

The' following order was thereupon granted April 27, 1892,

Pee, OüRIAM.

On hearing the motion for dismissal of the appeal in this case, ordered, that the appeal be dismissed, and *602that the case be remanded to the Circuit Court, and that the Circuit Judge set another day for the execution of the sentence, in accordance with the judgment of this court heretofore rendered.

2Cited by3 opinions

  1. McClintock v. Richlands Brick Corp.Supreme Court of Virginia · 1928
  2. Town of Brunson v. YoumansSupreme Court of South Carolina · 1907
  3. Ragsdale v. Southern Ry.Supreme Court of South Carolina · 1905

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